Trade

Displaying 131 - 140 of 166
Titlesort descending Summary
U.S. v. Lewis


Defendant was convicted of a number of offenses related to his role in a wildlife smuggling operation. If trial did not begin within the requisite time period and defendant moved for dismissal prior to trial, the court had to dismiss the indictment, either with or without prejudice. The court held that the circumstances in the case, where it was clear that the delay in the trial caused the delay in the hearing, rather than the other way around, and where defendant repeatedly asked the court to set the case for trial and was otherwise ready to proceed to trial, plaintiff United States' pending pretrial motion could not serve as a basis for exclusion for a 117 day period. Because the delay violated the Speedy Trial Act, defendant's convictions had to be reversed, his sentences vacated, and his indictments dismissed.
U.S. v. Molt
Defendant was convicted in the United States District Court for the Eastern District of Pennsylvania of knowingly importing Fijian reptiles contrary to the Tariff Act and of conspiring to commit such offense. On appeal, the Court of Appeals held that the evidence was sufficient to sustain finding of knowing importation and of receiving and concealing illegally imported reptiles.
U.S. v. Paluch (unpublished)


The court first concluded that venue was proper for the smuggling charges and the conspiracy charge. Turning to the convictions, the court found that his convictions of felony conspiracy and smuggling were supported by sufficient evidence. The court rejected his argument that the general smuggling law was inapplicable to the acts for which he was convicted because Congress had separately criminalized this conduct as a misdemeanor under the Endangered Species Act.
UK - Wildlife Trade - Ivory Act 2018
United States of America v. James and Thomas Allemand


The jury convicted the Allemands of conspiring to export illegally taken wildlife and to file false records concerning wildlife intended for export.  The court held that any error in the trial court's failure to instruct the jury that it could convict for conspriacy to make and submit false records concerning wildlife export only if conspirators intended to violate the law it was amended in 1988 was harmless where almost all the evidence adduced at trial related to acts from a time after the amendment was effective.
United States v. Kum


Defendant convicted for conspiracy to smuggle endangered wildlife into the United States.  Government moved for upward departure from sentencing range.  Held:  Court would not depart upward to reflect cruel treatment of animals (other holdings generally unrelated).
US - Elephant - African Elephant Conservation Act A U.S. federal law that reaffirms the endangered status of African elephants and allocates money toward conservation efforts.
US - Elephant - Asian Elephant Conservation Act A U.S. federal law that reaffirms the endangered status of Asian elephants and allocates money toward conservation efforts.
US - Exotic Birds - Wild Exotic Bird Conservation Act The Wild Exotic Bird Conservation Act addresses the population threat to non-indigenous wild birds due to the demand the from U.S. as the number one importer of exotic birds (e.g., the "pet" bird trade). Exceptions under the statute include qualified breeding facilities, scientific or zoological study, and people returning the U.S. who have been out of the country for more than a year (limited to two birds).
US - Fisheries - Packwood-Magnuson Amendment The aim of this statute is the development of United States' controlled fishing conservation and management program designed to prevent overfishing and to rebuild depleted stock.

Pages